Questão jurídica principal
Whether the pension fund owed default interest on the first grant of a disability pension before the lawsuit was filed.
Decisão extraída
Section 48 of the pension regulations covers correction of already running benefits and repayment of undue benefits, but not the initial grant of a disability pension. Default interest therefore starts only under Art. 105(1) OR from the filing of the claim.
Fundamentação extraída
The wording and purpose of § 48 do not extend to first-time awards. The fund had to await the IV decision, so its delay was justified. No unequal treatment or constitutional violation was shown.